C HAPTER 31. J UVENILES IN DETENTION OBJECTIVE The definition of who is a juvenile or a child may vary from country to country. Similarly, the distinction in law between a child and a juvenile is not always clear. For the purposes of the Manual, we use the definition contained in article 1 of the Convention on the Rights of the Child: a child means every human being below the age of eighteen years unless, under the law applicable to the child, majority is attained earlier. and that contained in rule 11 (a) of the United Nations Rules for the Protection of Juveniles Deprived of their Liberty: A juvenile is every person under the age of 18. … The fundamental consideration is that the imprisonment of young people should be avoided whenever possible, and the younger the person, the greater should be the determination to avoid detention. Young people are in their formative years, learning and developing into adults. If these years are spent in an institution for those who have broken the law, there is a danger that the young person will absorb a criminal identity and grow up expecting to lead a criminal way of life. When it is necessary to deprive a young person of his or her liberty, certain special considerations apply. The objective of this chapter is to describe these considerations. ESSENTIAL PRINCIPLES Children are to benefit from all the human rights guarantees available to adults. The following principles shall also be applied to children: Children who are detained shall be treated in a manner which promotes their sense of dignity and worth, facilitates their reintegration into society, reflects the best interests of the child and takes their needs into account. Children shall not be subjected to corporal punishment, capital punishment or life imprisonment without chance of release. Children who are detained shall be separated from adult prisoners. Accused juveniles shall be separated from adults and brought for trial as speedily as possible. Special efforts shall be made to allow detained children to receive visits and correspondence from family members. The privacy of a detained child shall be respected, and complete and secure records are to be maintained and kept confidential. Juveniles of compulsory school age have the right to education and to vocational training. Weapons shall not be carried in institutions which hold juveniles. Disciplinary procedures shall respect the child’s dignity, and shall instil in the child a sense of justice, self-respect and respect for human rights. Parents are to be notified of the admission, transfer, release, sickness, injury or death of a juvenile. These principles should be presented visually and remain on display throughout the session. 143